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U. S. CAS. CO. v. PEACHTREE ROXBORO CORP.

38764.

103 Ga. App. 532 (1961)

120 S.E.2d 161

UNITED STATES CASUALTY COMPANY v. PEACHTREE ROXBORO CORPORATION et al.

Court of Appeals of Georgia.

Rehearing Denied April 19, 1961.

Attorney(s) appearing for the Case

Nall, Miller, Cadenhead & Dennis, Robert E. Hicks, Theodore G. Frankel, for plaintiff in error.

Moise, Post & Gardner, Allen Post, Albert G. Norman, Jr., J. William Gibson, Alex McLennan, contra.

TOWNSEND, Presiding Judge.

1. "Legal" subrogation which is cognizable only in a court of equity seeks equitable substitution of the plaintiff to the rights of the creditor whose debt has been paid. To make such a case in equity as will come under the exclusive jurisdiction of the superior court in the first instance and of the Supreme Court on appeal, not only must the allegations of the petition show that the plaintiff is seeking equitable relief, but the prayers...

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